Safeguarding & Vulnerability Policy & Procedures
Outcomes of Investigations
Some cases can lead to conviction and a custodial sentence or other penalties may be served by a court. However there can be many reasons why a case does not proceed to court or a person is found ‘not guilty’. It does not necessarily mean there remains no concern and a person is therefore innocent. There may be evidence of inappropriate behaviour which needs to be addressed or a case may not proceed for technical reasons.
The advice of the statutory agencies should always be sought about any continuing risk to children. It may still be appropriate in some circumstances and in accordance with legal advice to continue disciplinary action. If there remain unresolved matters of concern, either untested complaints of serious harm or evidence of inappropriate behaviour by the adult, a professional risk assessment should be carried out to ascertain whether it is safe for the person to continue work which brings them into contact with children or adults at risk. Even if a charge cannot be sustained in court, there may nevertheless be well founded concerns which may mean that the adult should not continue to work with children or adults at risk.
Depending on the outcome of an assessment, it may be necessary to introduce a regime of conditions: training and supervision, to refer the person to the Independent Safeguarding Authority (ISA), to redeploy the person or terminate their employment.